10 U.S.C. § 649c: Eligibility for consideration…

§649c Eligibility for Consideration for Promotion

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 36 — PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST › SUBCHAPTER VI — ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN DESIGNATED COMPETITIVE CATEGORIES › § 649c

Last updated Sep 23, 2026|Official source

Summary

Says who can be considered for promotion in a competitive officer category, mostly using the normal promotion rules but with some exceptions. Time-in-grade limits from the usual rules do not apply. Some rules about being above or below the promotion zone are not used, and the rule that guarantees a specific number of chances to be considered does not apply if it conflicts with the number of promotion chances set under the special promotion rules. Certain officers cannot be promoted: those already listed elsewhere as ineligible, officers who are not in the promotion zone, officers who have failed promotion the maximum number of times allowed under the special rules, and officers a selection board has removed from consideration.

Title 10, §649c

Armed Forces, Source: USLM XML via OLRC

(a)In General.—

Except as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this subchapter shall be governed by the provisions of section 619 of this title.

(b)Inapplicability of Certain Time-in-grade Requirements.—

Paragraphs (2) through (4) of section 619(a) of this title shall not apply to the promotion of officers described in subsection (a).

(c)Inapplicability to Officers Above and Below Promotion Zone.—

The following provisions of section 619(c) of this title shall not apply to the promotion of officers described in subsection (a):

(1)The reference in paragraph (1) of that section to an officer above the promotion zone.

(2)Paragraph (2)(A) of that section.

(d)Inapplicability of Requirement Relating to Opportunities for Consideration for Promotion.—

section 645(1)(A)(i)(I) of this title shall not apply to the promotion of officers described in subsection (a) to the extent that such section is inconsistent with a number of opportunities for promotion specified pursuant to section 649d of this title.

(e)Ineligibility of Certain Officers.—

The following officers are not eligible for promotion under this subchapter:

(1)An officer described in section 619(d) of this title.

(2)An officer not included within the promotion zone.

(3)An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 649d of this title.

(4)An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 649b(c) of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Paragraph (4) of section 619(a) of this title, referred to in subsec. (b), was redesignated paragraph (5) of section 619(a) of this title by Pub. L. 117–81, div. A, title V, § 502(2), Dec. 27, 2021, 135 Stat. 1680.

Amendments

2021—Subsecs. (d), (e). Pub. L. 116–283 added subsec. (d) and redesignated former subsec. (d) as (e).